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MTR. OF COUNCIL 50, AFL-CIO v. ROCKEFELLER

55 Misc.2d 250 (1967)

In the Matter of New York State Employees Council 50, American Federation of State, County and Municipal Employees, AFL-CIO, by William F. Russ, Its President, Petitioner, v. Nelson A. Rockefeller, as Governor of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

November 24, 1967

Attorney(s) appearing for the Case

Julius Topol and Elias Moubar for petitioner. Louis J. Lefkowitz, Attorney-General (Julius L. Sackman of counsel), for Nelson A. Rockefeller, as Governor, and another, respondents. John Carter Rice for Civil Service Employees Association, respondent.

JOHN H. PENNOCK, J.

This is a determination following a hearing on notice of an application for a preliminary injunction and temporary restraining order. (CPLR 6301.) The application is not based upon an action pending, but rather, as stated by counsel for the petitioner, in the nature of prohibition pursuant to article 78 of the CPLR. It should be commenced, as it was, by a show cause order and a verified petition accompanied by supporting affidavit...

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